‘A dramatic reversal of Home Rule tradition’
Monday’s 24-hour Planning and Development Committee Public Hearing concerning seven different bills to mandate certain zoning rules for all communities in our state demonstrated that the debate surrounding state-mandated local zoning has become even more heated. Similar state-mandate-of-local-zoning bills are also showing up in committees such as Housing, Transportation and even Public Health.
The tenor of the debate became clear when Mayor Justin Elicker of New Haven accused the towns of Greenwich, New Canaan and others of using existing zoning laws to discriminate against people of color. That was how he justified the need to pass new state-mandated local zoning laws. Calls by Greenwich leaders for him to apologize have been met with him doubling down on his reckless accusation.
Three-hundred and forty-one speakers signed up to testify concerning the spate of legislation, but the meeting proceeded slowly due to the many questions being asked of the proponents of these zoning bills. At the 24-hour mark approximately 100 folks were still waiting to have their voices heard, but they did not get their chance.
There is a great deal of confusion about these bills. Are these zoning ideas new mandates or suggested guidelines? Could increasing septic capacity limits hurt groundwater? Will the removal of parking requirements on new housing mean more on-street parking? Is it realistic to assume future residents of the increased density areas required by the legislation will not own a car but will instead use public transport or ride-sharing services such as Uber? Are these bills designed to create additional below-market affordable housing or to create additional market-based housing?
Remarkably, these bills to upend local zoning controls are intended to create additional marketbased housing rather than affordable housing. The bills’ intent is to remove barriers and reduce costs to developers and trigger a building surge in Connecticut. Guess who was on the list to testify in support of these bills? The Homebuilders and Remodelers Association of Connecticut and the United Brotherhood of Carpenters and Joiners of America, Local 326.
According to Sara Bronin, founder of DesegregateCT, “SB1024 An Act Concerning Zoning Authority, Certain Design Guidelines, Qualification of Certain Land Use Officials, and Certain Sewage Disposal Systems” contains all of her proposals — as-of-right multi-unit buildings on main streets and by transit stations, form-based zoning for buildings and streetscapes, reduced parking requirements, removal of the word “character,” and more.
Consider these facts about Connecticut’s housing market.
During the last 30 years, Connecticut housing prices have increased at the slowest pace in the country. Since 1991, Constitution State homeowners have watched other states’ housing markets appreciate, while, according to the Federal Housing Finance Agency, theirs was dead last in appreciation.
Through 2019, Connecticut was on an eight-year losing streak of suffering net losses of residents. According to a 2018 study by the Connecticut Commission on Fiscal Stability and Economic Growth, Connecticut’s higher-income-earning individuals who left were replaced by those earning less. And, during COVID despite unprecedented federal unemployment assistance pushing up personal income nationally, Connecticut ranked second-to-last for personal income growth, according to a February 2021 analysis by Pew Charitable Trusts.
Still, in the last 18 years, the largest amount of new affordable housing in our state was built in southwestern Connecticut. According to the state’s Department of Housing, 48 percent of all new 830g affordable housing was built in the region of Western Connecticut Council of Governments, WestCOG, which includes Greenwich and Stamford and extends to Westport. This was accomplished through the creative thinking and innovations of the dedicated citizens of those communities that serve on local zoning commissions. Given this increase in affordable housing, one has to question whether the mandated incentives to developers contained in Senate Bill 1024 are necessary.
The proponents of these state-mandated zoning bills point to data on the DesegregateCT website that they claim demonstrates Connecticut to be the most segregated state in the country. However, data at the WestCOG website proves Connecticut is not the most segregated state in the country. Furthermore, according to the national Dissimilarity Index, a commonly used measure of residential segregation, Connecticut is ranked as the 16th most diverse state in the country.
During Monday’s hearing some of the legislators supporting these state-mandated zoning bills spoke about how much they valued each citizen’s voice. Yet the bills they were supporting would nearly eliminate public hearings for local zoning applications, thus silencing the public input they profess so much to appreciate.
Worse, SB1024 provides any aggrieved party alleging that the zoning regulations of a municipality are noncompliant ... may file an application in the superior court.” (lines 357 to 364). This provision would allow any “aggrieved party” to bypass the local zoning appeals board and go directly to court. SB1024 also provides that, “If a municipality fails to adopt new regulations or amend existing regulations by June 1, 2022 ... any noncompliant existing regulation shall become null and void…” (lines 484 to 491).
If enacted, these legislative proposals would result in a feeble, shrinking local voice on zoning in our communities, a dramatic reversal of Connecticut’s timeless Home Rule tradition. Yet without a strong grassroots effort to educate our legislators about the importance of retaining local control over zoning matters, the chances of these bills passing are high given the majorities held by the Democratic Party in both chambers of the state Legislature.
Absolutely, we have a moral obligation to care for those in need and help folks access the American dream of home ownership. And that’s why I advocate so passionately for policies to reduce government bureaucracy and to unleash education and job opportunities.
I hope you will make your local voice heard. Please call Senate Dems at 860-240-8600, House Dems at 860-240-8500, and Gov. Ned Lamont at 860-566-4840 and tell them you oppose any legislation that reduces local decisions rights over local zoning.
The bills they were supporting would nearly eliminate public hearings for local zoning applications, thus silencing the public input they profess so much to appreciate.
Kimberly Fiorello is state representative in District 149, which includes Greenwich and Stamford.